Hasan And 3 Another vs State Of U.P. And Another
2023 Latest Caselaw 7544 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 8439 of 2023
 

 
Applicant :- Hasan And 3 Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravi Shankar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Ravi Shankar Tripathi, learned counsel for the applicants and Sri B.B. Upadhyay, learned State counsel and perused the record.

The present application under Section 482 has been filed by the applicants - Hasan, Sheeba Begam, Iram and Mohammad Eesar with the prayer to quash the entire proceedings of Case No. 1371/2017 (State Vs. Hasan and others) arising out of Case Crime No. 309 of 2017, under Sections 323, 504, 506, 376 IPC, P.S. Alapur, District Budaun as well as impugned charge sheet dated 06.06.2017 and cognizance/summoning order dated 01.08.2017 passed by the learned Additional Chief Judicial Magistrate, Ist, Budaun and with a further prayer to stay the further proceedings of the aforesaid case, during the pend ency of the present application.

Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the entire allegations as levelled against the applicant are false and concocted. It is argued that the concerned trial court has passed summoning order on 01.08.2017 which is annexure 9 to the affidavit which is on a printed proforma by filling up the name of the applicants and other details which shows total non application of mind. It is argued that no offence is made out against the applicant.

Per contra, learned counsel for the State opposed the prayer for quashing but could not dispute that the summoning order has been passed on a printed proforma.

After having heard learned counsel for the parties and perusing the records, it is evident that it has been held that order of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 01.08.2017 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink.

In the case of Amit Jani vs. State of U.P. and others: (2020) 5 ADJ 1, a Division Bench of this Court has held as follows:-

"The passing of orders in printed proforma/cyclostyled formats have been deprecated by various High Courts including this court as they do not reflect application of mind. Reference is made to the following judgments:-

1. 2000 ILR (Kar) 4773, Vijaya Bank Vs. State.

2. 2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another.

3. 2009 (67) ACC 532, Ankit Vs. State of U.P. & another.

4. 2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P."

Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the summoning order dated 01.08.2017 is hereby set aside.

The present application is allowed to this extent.

The matter is remanded back to the court concerned to pass fresh order in accordance with law within three weeks from today.

Order Date :- 15.3.2023

M. ARIF

(Samit Gopal, J.)